Bill Text: TX SB535 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the carrying of a handgun by a license holder on the premises of certain places of religious worship.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2019-06-07 - Effective on 9/1/19 [SB535 Detail]

Download: Texas-2019-SB535-Introduced.html
  86R6138 LHC-D
 
  By: Campbell S.B. No. 535
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of and punishment for the offense of
  unlawfully carrying a handgun by a license holder.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 46.035(b), (g), and (i), Penal Code,
  are amended to read as follows:
         (b)  A license holder commits an offense if the license
  holder intentionally, knowingly, or recklessly carries a handgun
  under the authority of Subchapter H, Chapter 411, Government Code,
  regardless of whether the handgun is concealed or carried in a
  shoulder or belt holster, on or about the license holder's person:
               (1)  on the premises of a business that has a permit or
  license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
  Beverage Code, if the business derives 51 percent or more of its
  income from the sale or service of alcoholic beverages for
  on-premises consumption, as determined by the Texas Alcoholic
  Beverage Commission under Section 104.06, Alcoholic Beverage Code;
               (2)  on the premises where a high school, collegiate,
  or professional sporting event or interscholastic event is taking
  place, unless the license holder is a participant in the event and a
  handgun is used in the event;
               (3)  on the premises of a correctional facility;
               (4)  on the premises of a hospital licensed under
  Chapter 241, Health and Safety Code, or on the premises of a nursing
  facility licensed under Chapter 242, Health and Safety Code, unless
  the license holder has written authorization of the hospital or
  nursing facility administration, as appropriate;
               (5)  in an amusement park; or
               (6)  [on the premises of a church, synagogue, or other
  established place of religious worship; or
               [(7)]  on the premises of a civil commitment facility.
         (g)  Except as otherwise provided by this subsection, an [An]
  offense under this section is a Class A misdemeanor. An offense
  under Subsection (b)(4), (b)(5), or (c) is a Class C misdemeanor
  punishable by a fine not to exceed $200, except that the offense is
  a Class A misdemeanor if it is shown on the trial of the offense
  that, after entering the property, the license holder was
  personally given notice by oral communication under Section 30.06
  or 30.07 that entry on the property was forbidden and subsequently
  failed to depart. An [, unless the] offense [is committed] under
  Subsection (b)(1) or (b)(3)[, in which event the offense] is a
  felony of the third degree.
         (i)  Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not
  apply if the actor was not given effective notice under Section
  30.06 or 30.07.
         SECTION 2.  Section 46.035(h-1), Penal Code, as added by
  Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
  Session, 2007, is amended to read as follows:
         (h-1)  It is a defense to prosecution under Subsections
  (b)(1), (2), (4), and (5)[, and (6)] and (c) that at the time of the
  commission of the offense, the actor was:
               (1)  a judge or justice of a federal court;
               (2)  an active judicial officer, as defined by Section
  411.201, Government Code; or
               (3)  the attorney general or a United States attorney,
  assistant United States attorney, assistant attorney general,
  district attorney, assistant district attorney, criminal district
  attorney, assistant criminal district attorney, county attorney,
  or assistant county attorney.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect at the time the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2019.
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